Free resources for accountancy students

Read this document on Scribd: Statute Law

11 ChaPter 3 – stAtute LAw Statute Law Parliament passes laws ( statutes ), and only parliament can change / repeal those laws Green paper – a proposal for new law White paper – after comments received, a draft for the new law First reading – introduction to the House Second reading – debate about the merits of the proposed legislation Committee stage – all-party committee discuss and amend the draft Report stage – the amended draft then presented to the House for approval Third reading – final approval by the House Same procedure in the other House Royal Assent 12 chaPter 3: Statute law Literal rule – ordinary everyday meaning, unless …. Statutory Interpretation Rules Golden rule…. Would lead to an absurdity re Sigsworth Whitely v Chappell • Mischief rule-what is the statute trying to control Gardner v Sevenoaks Garrod v Scott • Ejusdem generis • Evans v Cross • Expressio unius est exclusion alterius Noscitur a sociis In pari materia Purposive approach, for example, civil partnerships Cannot interpret statute which would lead to conflict with European Law chaPter 3: Statute law Statutory Interpretation Presumptions Paper f4 13 As well as being bound by rules, judges are also bound by presumptions Statute is not to alter existing common law Where statute deprives a person of his property… Statute does not operate retrospectively Statute does not bind the Crown Statute is not to deprive a person of their liberty Statute operates throughout the UK… …but not in conflict with Europe Unless perfectly clear, statute is not to create an offence of absolute liability Statute is not to conflict with existing statute 14 chaPter 3: Statute law 2 types : Intrinsic and extrinsic Aids to Interpretation Intrinsic • The title of the statute may give an indication of its objective Eg Anzac ( Restriction on Trade Use of Word )Act 1916 The preamble – the introduction to the statute at the start of the document Interpretation section within the statute Margin notes • Extrinsic Reports of committees Hansard Dictionary Books of authority • Interpretation Act 1987 chaPter 3: Statute law Delegated Legislation Paper f4 15 • Statutory instruments ( responsible ministers ) Bye – laws ( Burnley ) Rules of Court ( made by judiciary ) Professional regulations ( ACCA ) Orders in Council ( privy council – very rare ) • ADvAntAGES / IMPOrtAnCE • Saves parliamentary time Greater flexibility Allows general principles to be written into statute, with fine detail added later by minister Allows very quick passing of statute in cases of eg national emergency Prevents parliament from being overwhelmed with excessive work-load 16 chaPter 3: Statute law